Personal Injury Case Report – Premises Liability

Family Receives $600,000 After an Unsecured Gate Caused the Death of One Son and Injuries to the Surviving Brother

NATURE OF CASE:

Claims for negligence of public property.

INJURIES ALLEGED:

Death.

NAME OF CASE:

Withheld.

AMOUNT OF AWARD / SETTLEMENT:

$600,000

ATTORNEYS FOR PLAINTIFF:

Eric J. Parker, Susan M. Bourque, PARKER | SCHEER, LLP Boston

CASE SUMMARY:

On Labor Day 2007, the plaintiff, an 11-year-old boy and three additional children, including the plaintiff’s 8-year-old brother, were playing on the grounds of a public grammar school located down the street from the plaintiff’s home in Methuen, Massachusetts. While the boys were playing within a large dumpster enclosure, a 1,600-pound unhinged gate, which had been left leaning against the inside wall of the enclosure, fell on the two brothers, killing one and seriously injuring the other.

The defendant, city of Methuen, admitted it was liable in the accident by leaving the gate unsecured in an area where children had easy access and were likely be attracted.

On May 12, 2009 the city agreed to pay $600,000 to the plaintiff’s family for the death of their older son, and for the injuries suffered by the surviving brother and other family losses. This settlement was the maximum amount of damages the plaintiff’s family could recover under Massachusetts law. Claims against two other defendants in the lawsuit are pending.

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